A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who served as an employee of the “C” entertainment bars of the Gangnam-gu Seoul Metropolitan Government hotel 1st floor, and the victim D is a proprietor of the above business, and the victim E is a general manager of the above business establishment.

1. Around June 13, 2014, the Defendant against the victim D made a false statement to the victim D, “C” at the entertainment drinking house “C”, stating that “I would have the victim D work for the entertainment drinking house, and pay 30 million won in cash every month on the pretext of advance payment.”

However, even if the Defendant borrowed money from the victim under the pretext of advance payment, the Defendant did not have any intent or ability to pay the said money by working in the victim’s business place until he/she fully pays the advance payment, as it did not have any intention or ability to pay the said money.

The Defendant, as such, by deceiving the victim, received KRW 10 million from the victim’s place of residence.

2. On August 25, 2014, the criminal defendant against the victim E made a false statement to the victim E in the said entertainment tavern “C”, stating, “If the criminal defendant lends KRW 30 million to the victim E, he/she will repay the principal by October 24, 2014, later than two months.”

However, at the time, the Defendant was unable to repay the existing debt of KRW 50 million, including the amount of KRW 20 million borrowed at the previous business establishment, and was in a state of borrowing KRW 10 million from D as in the preceding paragraph. Therefore, even if the Defendant borrowed money from the victim on the pretext of the borrowed money, the Defendant did not have any intent or ability to pay the money within two months as agreed upon.

The Defendant, as such, by deceiving the victim, received KRW 30 million from the victim’s place of residence.

Summary of Evidence

1. Each legal statement of witness E and D;

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including parts concerning D's statement);

1. Statement of each police statement of E and D;

1. E, D.